[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR332.406]

[Page 223]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 332_RECRUITMENT AND SELECTION THROUGH COMPETITIVE 
EXAMINATION--Table of Contents
 
                 Subpart D_Consideration for Appointment
 
Sec. 332.406  Objections to eligibles.

    (a) An appointing officer is not required to consider an eligible to 
whose certification for the particular position he makes an objection 
that is sustained by OPM for any of the reasons stated in Sec. 339.101 
or Sec. 731.201 of this chapter or for other reasons considered by OPM 
to be disqualifying for the particular position. OPM may also sustain an 
objection to certification of an otherwise qualified eligible for an 
overseas position on the basis of special overseas selection factors.
    (b) An appointing officer may not pass over a preference eligible to 
select a non-preference eligible unless an objection to the preference 
eligible is sustained by OPM.
    (c) Pending OPM action on an agency's objection to an eligible, the 
agency may not appoint an eligible who would be within reach only if the 
objection is sustained.
    (d) Paragraphs (b) and (c) of this section, do not apply if the 
agency has more than one position to fill from the same certificate and 
holds a position for the individual objected to in the event OPM does 
not sustain the objection
    (e) Agencies shall follow the procedures for objecting to an 
eligible published by OPM in its operating manuals.

[42 FR 61240, Dec. 2, 1977, as amended at 66 FR 66710, Dec. 27, 2001]